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What Is an Easement in Gross?

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Easement in Gross vs. Easement Appurtenant

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Easement in Gross: Definition, Example, Vs. Easement Appurtenant

Erika Rasure is globally-recognized as a leading consumer economics subject matter expert, researcher, and educator. She is a financial therapist and transformational coach, with a special interest in helping women learn how to invest.

Daniel Rathburn is an editor at Investopedia who works on tax, accounting, regulatory, and cryptocurrency content.

An easement is a concept in real estate in which one party, either an individual or organization, gains the right to use another party’s property in a defined way. In some cases the holder of the easement pays the owner of the property for the right of usage; in others it is created by state or local law and attached to the property. Such an easement may exist in perpetuity and be transferred when the property is sold, encumbering the new owner .

An easement in gross, also known as a “personal easement,” attaches the right of use to a single individual or entity rather than to the property itself. It is a personal interest in another person’s land, usually limited in scope and duration. Its terms, including payment, are negotiated between the property owner and the easement holder. An easement in gross is often considered irrevocable for the life of the holder, but it is usually rendered void if the owner sells the property upon which the easement request was based.

Key Takeaways

• An easement in gross is a type of easement that is attached to an individual or entity and usually cannot be transferred.
• An easement in gross is different from an easement appurtenant, which is attached to a piece of property.
• An easement in gross is often granted to utility companies, allowing them to install public infrastructure on private land.
• If land is sold without disclosing its easements, the buyer can seek legal remedies for any lost value.

Understanding an Easement in Gross

A typical property easement grants limited access to someone who is not the owner of a piece of real property . For example, a property owner might need an easement to use a neighbor’s driveway in order to access their own land .

An easement in gross is an easement that is granted to an individual or entity that generally cannot transfer the associated rights to any other person. If the holder of an easement transfers their property to someone else—through sale, inheritance, or any other mechanism—the current easement in gross may be considered void.

The new property owner can attempt to reach a new easement-in-gross agreement, but there is no guarantee that the right will be granted.

Example of an Easement in Gross

One familiar example of an easement in gross is a utility easement. These are legal agreements that allow utility companies to install and maintain infrastructure on private property. Under the conditions of the easement, a homeowner is restricted from digging or construction activities that could damage the utilities.

The party who benefits from an easement in gross does not have to own or reside in a neighboring property to be granted the associated rights. Additionally, the permissions granted in the easement may be as broad or specific as desired. When dealing with easements in gross, the property owner often has the most say regarding the limitations stated in the easement.

Sellers may be required to disclose any easements against their property to prospective buyers.

Easements in gross grant specific rights or privileges to someone other than the property owner. In contrast, an easement appurtenant grants rights to the owner of a nearby parcel of property. The property that benefits from the easement is known as the “dominant estate,” while the property that allows the easement is known as the “servient estate.”

An easement appurtenant is said to “ run with the land ,” meaning that when the easement holder sells their property, the easement rights transfer to the new property owner. Common examples would include an easement that allows access to a public park or one that lets a neighbor cross another’s land in order to reach their own property.

Some easements, especially those given to utility companies, carry with them significant interest and can ultimately be assigned to other parties. If a piece of real estate is purchased without the seller disclosing the nature of an easement, the buyer can seek legal remedies if the easement reduces the value of the property.

How Can I Terminate an Easement?

An easement can be terminated in eight ways: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release. Perhaps the simplest way to end an easement is to persuade the beneficiary to release or abandon their rights to the easement.

What Is a Conservation Easement?

A conservation easement limits the usage of private land in order to protect natural resources, such as an endangered species or ecosystem. Conservation easements are always easements in gross, in that they are not attached to a neighboring piece of land.

Who Is the Holder of an Easement in Gross?

The holder of an easement in gross is the person or entity that benefits from that easement. This type of easement generally cannot be transferred, although there are exceptions. For example, in a merger between two utility companies, the new company may inherit any easements belonging to its predecessors.

What Is the Difference Between an Easement in Gross and an Easement Appurtenant?

The main difference is that an easement in gross is not attached to a specific piece of property. Instead, it is granted by the owner of a property to a single individual or entity. That grant usually ends when the owner sells the property. In contrast, an easement appurtenant, because it is attached to land, continues in perpetuity when either parcel of land is sold.

An easement is a real estate concept that allows one entity, whether an individual or organization, to use another entity’s property in a stated way. Some easements come attached to a specific piece of property, with the dominant property holding the easement over the servient property. They are often created by law, though they are not the same as a government’s use of eminent domain, which seizes ownership of property .

An easement in gross is not attached to a property. Instead, it is granted to a single person or organization through negotiation with a property owner, usually coming at an economic price. Usually of limited scope and duration, it is generally terminated if the owner sells their property, rather than encumbering the new owner.

Rocket Mortgage. " What Are Easements, and How Might Having One Affect My Property? "

Vermont Attorneys Title Corporation. " 5.2 Easement in Gross ."

Nolo. " Property Easements: Overview ."

Rocket Mortgage. " Utility Easements, Explained ."

Rocket Mortgage. " Easement Appurtenant: What It Means And How It Works ."

Wolff Law Office. " Claims Under a Title Insurance Policy in California for Damages Caused by an Undisclosed or Unexcepted Covenant or Easement Which Clouds Title ."

ALB Law Firm. " Setting the Law Straight on Terminating Easements ."

New York State Department of Environmental Conservation. " Conservation Easements ."

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Easement Appurtenant & Easement in Gross – Explained [2024]

Easement appurtenant vs Easement in gross – Key Takeaways

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Updated on July 5, 2024

• Easement Appurtenant : This type of easement is attached to the land and benefits one property (the dominant estate) while burdening another (the servient estate). It is meant to be binding on successive owners of both properties.
• Easement in Gross : Unlike an easement appurtenant, an easement in gross is a personal easement that does not run with the land. It grants the holder the right to use the land for a specific purpose but does not pass on to future owners.
• Examples : An example of an appurtenant easement could be rights for pasture, fishing, and taking game. Easements in gross are often granted to utility companies for equipment maintenance.
• Transferability : An easement appurtenant is transferred along with the property when it is sold, whereas an easement in gross can be transferred or sold independently of the land it grants access to.
• Legal Presumption : If an easement does not specify its type, it is presumed to be an easement appurtenant according to California law.

In general, there are two different types of easements that can be created by express grant – either an appurtenant easement or an easement in gross.

An easement that runs with the land lasts forever unless the two simultaneous property owners agree, in writing, to cancel it. Of course, there are other ways to extinguish an easement but that are not covered in this post.

In contrast, an easement in gross is a personal easement that necessarily does not run with the land. That means the owner of the easement owns the personal right to use the easement but that right does not pass to future owners. An example of an appurtenant easement would be an easement for having the rights of pasture, fishing and taking game.

Lets dive in and understand both types of easements in detail.

• An easement appurtenant is a right attached to a piece of land (the dominant estate ) that allows its owner to use the neighboring land (the servient estate ) for a specific purpose.
• It is a real property interest and is tied to the land, not the individual owner. This means it persists through changes in ownership.

The easement is “ appurtenant ” to the dominant estate, meaning that it is permanently attached to the property and passes to any subsequent owners of the dominant estate.

In layman’s terms, this means that one property is meant to be the beneficiary of the easement and the other property owner is meant to be burdened by the easement.

The key thing to remember about easements appurtenant is that they are rights to use someone else’s property that are permanently attached to the property.

Unlike an easement in gross, which is a personal right that can be transferred or sold independently of the land it grants access to, an easement appurtenant is a property right that is attached to the land and is transferred along with the property when it is sold.

Further Reading

• FindLaw’s Easement Overview .
• Justipedia’s Definition of Appurtenant Easement .
• Access to Landlocked Property : If a property is landlocked and has no direct access to a public road, an easement appurtenant may be granted over a neighboring property to provide access.
• Shared Natural Resources : For properties that share a water source like a well or a pond, an easement appurtenant can allow one property owner to lay pipes across a neighbor’s land to access the water.
• Overhanging Structures : In urban settings, a building owner might need an easement appurtenant to allow parts of their structure, like a balcony or awning, to overhang into a neighbor’s airspace.
• Creation and Documentation : Easement appurtenants are typically created through written agreements and should be recorded with local land records to ensure enforceability against future owners.
• Disputes : Disputes often arise regarding the extent of use or maintenance responsibilities. For instance, if an easement allows for vehicle access, disagreements may occur over the types of vehicles permitted.
• Termination : These easements can be terminated by mutual agreement, abandonment, or if the dominant and servient estates become owned by the same party (merger).
• The maintenance responsibility typically lies with the owner of the dominant estate. However, specific terms should be outlined in the easement agreement to avoid disputes.
• In some cases, both parties might share maintenance responsibilities, especially if the easement benefits both properties.

Impact on Property Value :

• An easement appurtenant can both increase and decrease property values. For the dominant estate, having access rights can enhance its value, especially if it resolves an issue like landlocked property.
• Conversely, for the servient estate, the presence of an easement can be seen as a limitation, potentially reducing its market value.
• Analyzing Easement Laws and Cases in the States
• Easements in Texas : This document from Texas A&M University discusses appurtenant easements in the context of Texas law, detailing the requirements for different estates (dominant and servient) for their existence. This can be particularly useful for understanding easements in a specific state context
• Easement Basics
• Law of Easements This document is a review of the law of easements.

An easement in gross is a right to use another person’s land for a specific purpose, but unlike an easement appurtenant, it is not tied to the ownership of adjacent land.

This type of easement is personal to the holder and is often used for utility, environmental, or recreational purposes.

This type of easement is typically granted to utility companies, allowing them to access and maintain equipment on the land, or to individuals who need access to a specific piece of land for a specific reason.

Unlike other types of easements , an easement in gross is not attached to a specific piece of property and can be transferred or sold independently of the land it grants access to.

• Utility Easements : The most common form of easement in gross is for utilities. Utility companies may have an easement in gross to install and maintain infrastructure like power lines, water pipes, or sewer systems on private property.
• Conservation Easements : These are used to preserve open space, restrict development, or protect natural resources. A land trust might hold an easement in gross to enforce conservation goals on a property.
• Personal Enjoyment : An individual might be granted an easement in gross for personal use, such as fishing in a private pond or accessing a private road to reach a public park.
• Transferability : Unlike easement appurtenant, easements in gross may or may not be transferable, depending on the terms of the agreement and local laws.
• Duration : These easements can be established for a specific period or indefinitely. Some may even be revocable depending on the agreement between the parties.
• Disputes : Disputes in easements in gross often arise around overuse or misuse of the easement, or interference by the landowner with the easement holder’s rights.
• Typically, the holder of the easement in gross is responsible for maintenance related to their use of the easement. For instance, a utility company must maintain its power lines.
• The agreement should clearly outline the responsibilities to prevent disputes.
• Easements in gross, especially those granted to utility companies, may have little to no impact on the property value. However, large easements or those that significantly restrict the use of the property can reduce its value.
• For the easement holder, such as a utility company, the easement in gross provides essential access, which is a valuable asset.

Unique Considerations :

• Negotiation and Compensation : Property owners might negotiate compensation for granting an easement in gross, especially in cases where the easement could impact the use or value of their property.
• Regulatory Compliance : Easements in gross for utilities or environmental conservation often involve compliance with local, state, or federal regulations.

The law provides that if an easement does not state the specific the type of easement that it is, then it is presumed to be appurtenant . Schmidt v. Bank of America  223 Cal.App.4th 1489,1499.

Over that past decade, our easement dispute attorneys have done extensive easement work that has allowed us to gain insight into the various types of easements that can be created. We have also extensively litigated competing easements claims throughout Los Angeles, in the Hollywood Hills, Brentwood, Palos Verdes and throughout Southern California.

Schorr Law is a top rated real estate firm in Los Angeles . To schedule a consultation regarding your easement matter, contact us at (310) 954-1877, or you can email [email protected] . You can also directly message us here .

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Easement appurtenant vs. easement in gross: What you should know

On Behalf of Law Office of Tom Murphy | Jan 6, 2022 | Real Estate Disputes |

You’ve found the perfect piece of property, and you’re ready to buy. Then you learn that the property has an easement attached.

An easement gives someone other than the property owner the legal right to use that property for a specific purpose, regardless of anyone’s objections. Before you buy any property with an easement attached, you need to learn whether it’s an easement appurtenant or an easement in gross.

What’s the difference between them?

Easements appurtenant are commonly said to “run with the land.” In other words, they are part of the title and an obligation that is passed from owner to owner. An easement in gross is generally not recorded on the title and ends when the ownership of the property changes hands or the person who holds the easement dies.

For example, if a property owner tells their neighbor that they are welcome to forage for herbs on their forested lot so long as they own that property, that’s an easement in gross. On the other hand, if a deed states that neighbors can cross the back of the lot in order to access some local trails, that’s probably an easement appurtenant.

Finding out that a piece of property in which you’re interested has an easement attached can be concerning. It may even be enough to put you off the purchase since it can limit the ways in which you can use your own land. Understanding more about the difference between one kind of easement and another can help you make informed decisions.

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Easement in Gross

A right allowing an individual to legally use a property owned by someone else

What is an Easement in Gross?

An easement in gross is a right allowing an individual to legally use a property owned by someone else. It is valid until the legal owner lives in or holds the property. An individual owning a property can legally allow others to make use of the property as per his/her wish. However, an easement in gross contract can involve only one property.

• An easement in gross is a right allowing an individual or an entity to use someone else’s land/property.
• An easement in gross agreement benefits the property owner as an individual, not the property.
• An easement holder will be unable to transfer the benefits to another party. The easement in gross contract becomes invalid if the property is sold, transferred, or inherited by a new party.

How Easement in Gross Works

An easement in gross affects the owner of the property and the beneficiary, unlike a regular easement, which affects the property directly. If the property is transferred, sold, or inherited by a new party, the easement in gross arrangement becomes invalid, and the new party is not obligated to act according to the agreement norms.

In the case of transfer of ownership of the property, the permissions approved in the easement in gross are not passed to the new property owner. Therefore, a new easement in gross contract is required to be made with the new owner. This is because the easement in gross agreement deals with the individuals, not the property or land.

Similarly, the beneficiary cannot transfer the related rights to any other party. Such a non-transferrable characteristic of the contract protects the value of the property from being depreciated.

The person permitted to use the property is not required to reside in or own a nearby property to get the related rights. The easement in gross contract can have broad or specific permissions as preferred. The property owner usually has the most control with regard to the restrictions outlined in the easement in gross agreement.

However, the easement in gross provides privileges or specific rights to other entities, not to the property owners. Moreover, it limits a property owner’s actions related to the property in the contract. The property owners may be unable to construct some permanent structures that can lead to interference with the access of the property by the easement holder.

Examples of Easement in Gross

Easement in gross contracts are common in utility companies. The contracts are usually created by implication, which means that an easement is required for the use of the property.

The contracts allow utility companies to access property owned by another entity for maintenance and repair services to sustain the supply of telephone service, electricity, television cable, or natural gas to the property or other properties in the neighborhood. Such easements in gross are called utility easements.

Easement in gross agreements are also made for the conservation of land, which limits certain actions such as the removal of minerals from the land and some types of development to preserve its agriculture potential and natural characteristics.

Rights Under an Easement in Gross

A holder of an easement in gross contract is allowed to do whatever is convenient and necessary to enjoy the benefits granted by the agreement as long as he/she does not cause unreasonable trouble for the property owner.

Conversely, the land/property owner can use the property/land without interfering with the easement in gross holder’s use of the rights.

When a court establishes that the easement holder has burdened the property by the unacceptable extent of use of the easement in gross, the property owner can resort to legal solutions.

They can be orders from the court limiting the access of the property to the easement holder, monetary damages in case the easement holder damages the property, and even termination of the easement in gross agreement.

Similarly, if the property owners interfere with the rights of the easement holders, it is considered trespass, and often courts will order the elimination of the obstacle in the easement in gross. The courts may also provide compensation to the easement holder.

Related Readings

CFI is the official provider of the Commercial Banking & Credit Analyst (CBCA)™ certification program, designed to transform anyone into a world-class financial analyst.

To keep learning and developing your knowledge of financial analysis, we highly recommend the additional resources below:

• Current Income (Real Estate Investments)
• Encroachment
• Adverse Possession
• Completed Contract Method
• Eminent Domain
• See all commercial lending resources
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Easement In Gross

Written by True Tamplin, BSc, CEPF®

Reviewed by subject matter experts.

Updated on August 07, 2023

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Table of contents, what is easement in gross.

An easement in gross is a legal right bestowed upon an individual or an entity to utilize another person's property, without having the ownership of that property.

Unlike common easements, it isn’t associated with any adjoining parcel of land owned by the easement holder. Instead, it’s a personal right that gives the holder access to or use of the land in question.

The crux of this concept hinges on the use of property without possession. To put it in a simple context, imagine a power company that has been granted the right to run power lines across a particular piece of land.

The power company does not own the land, but has been granted an easement in gross to use it for a specific purpose.

Importance and Relevance of Easements in Gross

Easement in gross carries substantial importance in the real estate realm, especially in scenarios where property access is crucial yet ownership isn't feasible or necessary.

This legal provision allows certain parties, typically utility companies, but also potentially individuals, to gain access to land for a specific purpose, such as installing utility lines, pipelines, or cable TV lines.

Furthermore, understanding easements in gross is essential when buying or selling a property as it may impact property value, use, and development potential.

For instance, an easement in gross may limit a property owner's ability to construct on certain areas of the land, thereby affecting the property's potential for development.

Characteristics of Easements in Gross

Absence of dominant estate.

In a typical easement scenario, there exists a dominant estate (the property that benefits from the easement) and a servient estate (the property that is subjected to the easement). However, an easement in gross operates differently.

An easement in gross arises independently of any land owned by the holder of the easement. It's a personal right accorded to an individual or entity, and its benefits do not attach to any specific land that the individual or entity may own.

This distinction means that there is no "dominant" estate that benefits from the easement. Instead, the individual or entity that holds the easement right benefits personally.

Attached to Individual or Entity

Another salient characteristic of easement in gross is its attachment to an individual or entity, not the land. Unlike typical easements that are tied to specific properties, an easement in gross is unique as it is personally bestowed upon an individual or an entity.

In essence, the easement in gross moves with the individual or entity that holds it, and not with the land. This characteristic manifests when the property changes hands.

While common easements usually transfer with the property, an easement in gross does not, unless explicitly specified in the granting document.

Not Transferable With Land

Easement in gross is usually non-transferable, which means that when the property changes ownership, the easement does not automatically pass on to the new owner. However, the specifics of transferability can depend on the nature of the easement.

It's important to understand that this characteristic is not universal. In some cases, commercial easements in gross can be transferred, especially if it's stipulated in the original agreement.

Nevertheless, the general principle is that the easement is tied to the individual or entity and not the property itself.

May Be Commercial or Personal

Easements in gross can also be distinguished based on their nature: they may be commercial or personal.

A commercial easement in gross usually involves a corporation or company and often concerns utilities. The power line example mentioned earlier falls under this category.

Conversely, a personal easement in gross is linked to an individual for non-commercial use. An example could be an easement that permits a neighbor to use a path through another's property.

This differentiation is crucial as it often determines transferability, with commercial easements being generally transferable while personal ones are not.

Types of Easements in Gross

Commercial easements in gross.

Commercial easements in gross often form the cornerstone of public utility infrastructure, such as electricity, water supply, and gas lines.

These easements are held by corporations or businesses and allow the placement and maintenance of utility lines across a private property. Such easements are critical for infrastructure development and service provision in society.

For instance, without commercial easements in gross, it would be challenging for utility companies to provide necessary services like power, water, and communication networks.

Moreover, these easements are usually transferable with the business, allowing for continuous service regardless of changes in business ownership.

Personal Easements in Gross

On the other hand, personal easements in gross are granted to specific individuals for a particular use of the land. They aren't tied to a business or for commercial purposes, and they don't pass with the property or transfer when the property is sold.

For instance, one might grant a neighbor the right to use a path through their land to access a public beach.

The personal nature of these easements means they are often non-transferable. However, it's essential to note that each easement is dictated by its particular terms.

Therefore, it's critical to review any easement documents to understand the rights and restrictions thoroughly.

Creation of Easements in Gross

Express grant.

Easements in gross can be established in several ways, one of which is through an express grant.

An express grant is a formal, written agreement in which the property owner gives someone else the right to use a portion of their property for a specific purpose.

In the context of an easement in gross, the express grant would clearly define the right of the individual or entity to use the property, and it would be recorded in the property’s deed or a separate legal document.

The terms of this express grant would stipulate the rights, limitations, and responsibilities of both the grantor (property owner) and grantee (easement holder).

Implied Grant

Easement in gross can also be created by implied grant. An implied easement is not explicitly stated in a written document, but is inferred from the actions and circumstances of the parties involved.

Courts may determine an implied easement has been created based on the necessity or past use of the property.

For instance, if a neighbor has been using a path through a property for many years without objection, a court may determine that an implied easement in gross exists.

However, establishing an easement by implication can be a complex process requiring substantial legal expertise.

Prescription

Prescriptive easements are similar to adverse possession, often colloquially referred to as "squatter's rights".

A prescriptive easement in gross can be established if a person has been using a part of another's property openly, continuously, and without the owner's consent for a certain period defined by state law.

Although this may seem a contentious way to establish an easement, it is fairly common.

For example, if a person has been using a trail through another's property to reach a public park for many years without being stopped or asked to stop by the property owner, they may be able to claim a prescriptive easement.

An easement in gross may also be established by necessity. This typically happens when a piece of land is landlocked without any access to a public road.

In such instances, the courts may grant an easement by necessity over the neighboring land to provide access to the landlocked parcel.

However, the easement by necessity is usually extinguished once the necessity ends. For instance, if a public road is later built to reach the landlocked property, the easement may be terminated.

Rights and Limitations of Easements in Gross

Rights of easement holders.

The holder of an easement in gross enjoys the right to use another's property as specified in the easement agreement. This right is generally non-exclusive, meaning the property owner also retains rights to the property.

Easement holders can engage in activities expressly permitted by the easement, like crossing the property, installing utility lines, or fishing in a private pond. They also hold the right to maintain the easement for its intended use.

For instance, a utility company with an easement for power lines can trim or remove trees that may interfere with the lines.

Limitations on Easement Holders

While easement holders have certain rights, they are also subject to limitations. An easement holder cannot exceed the scope of the easement.

If the easement specifies a particular path through the property, for instance, the holder cannot deviate from that path.

Moreover, the holder cannot engage in activities that are detrimental to the servient estate.

They also cannot interfere with the property owner's use and enjoyment of their property beyond the terms of the easement. Violations of these limitations may result in legal consequences.

Rights of Landowners

Despite granting an easement in gross, the landowner retains significant rights over their property. The landowner continues to own the property and can use it as they wish, as long as it doesn't interfere with the easement holder's rights.

In the context of an easement in gross, the landowner can still sell, lease, or mortgage their property.

However, any new owner or lessee must respect the existing easement in gross. The landowner also retains the right to enforce the easement's terms and restrictions.

Limitations on Landowners

While the landowner retains rights over their property, they are subject to certain limitations after granting an easement in gross.

Primarily, the landowner cannot interfere with the easement holder's use of the easement. This means the landowner cannot obstruct or prevent the easement holder from exercising their rights under the easement.

For instance, if the easement permits a neighbor to cross the property along a specific path, the landowner cannot build a fence that blocks this path. Violating these limitations can result in legal action by the easement holder.

Termination of Easements in Gross

Agreement between parties.

One way an easement in gross may be terminated is through an agreement between the parties. If both the easement holder and the landowner agree that the easement is no longer necessary or desirable, they can jointly decide to terminate the easement.

This agreement should be in writing and ideally recorded in the same public records where the easement was initially recorded. This helps to avoid future misunderstandings or disputes about the property rights.

Merger of Dominant and Servient Estates

While the concept of dominant and servient estates does not typically apply to an easement in gross, there might be instances where the easement holder acquires the servient estate.

In such cases, the easement may terminate through a legal concept called merger, which occurs when the same person comes to own both the easement and the property.

Abandonment

Another way an easement in gross may terminate is through abandonment. If the easement holder stops using the easement and displays an intent to permanently abandon their rights, the easement may end.

However, non-use of the easement by itself may not constitute abandonment. There generally needs to be some act demonstrating the intention to abandon the easement.

In some jurisdictions, prolonged non-use of an easement in gross can lead to its termination.

This does not mean occasional or temporary disuse, but a prolonged period of non-use that may vary from state to state. However, this rule isn't universal and depends on the specific laws of each jurisdiction.

Expiration of Time

If an easement in gross was granted for a specific period, it would naturally terminate when that period expires. For instance, if an easement was granted for ten years, it will automatically end after ten years.

Similarly, an easement granted for the lifespan of the holder would end when the holder passes away.

Legal Considerations and Disputes

Easement in gross vs appurtenant easement.

The distinction between easement in gross and appurtenant easement is a significant consideration in real estate law. Unlike an easement in gross, an appurtenant easement is attached to the land, not the individual.

This means that the easement benefits the property (dominant estate) and passes with the property when it is sold or transferred.

Understanding the difference is vital as it affects the transferability of the easement, its impact on property value, and its effect on future land use.

Legal disputes often arise when there is confusion or disagreement over whether an easement is in gross or appurtenant.

Encroachments and Interference

Encroachments and interferences can also be a source of legal disputes surrounding easements in gross. An encroachment occurs when the easement holder exceeds the scope of their easement, for example, by building a structure on the servient property.

Interference, on the other hand, occurs when the property owner obstructs or prevents the easement holder from using their easement.

These situations can lead to conflicts and may require legal action to resolve. Both easement holders and property owners should be mindful of their rights and responsibilities to avoid such disputes.

Eminent Domain and Easement In Gross

Eminent domain refers to the power of the government to take private property for public use, with compensation to the property owner.

In some cases, the government may exercise eminent domain to establish an easement in gross, particularly for utilities and infrastructure.

This intersection of eminent domain and easement in gross can raise complex legal issues.

Property owners who face a potential taking of their property through eminent domain should consult with an experienced attorney to understand their rights and potential compensation.

Final Thoughts

An Easement in gross grants an individual or an entity the right to use another's property without possessing it. It often plays a vital role in areas like utilities and access rights.

Whether for a power company laying lines across private land, or a neighbor having access through another's property, understanding this concept is integral to grasping property rights and land use.

From its independence from a dominant estate, its attachment to an individual or entity, its generally non-transferable nature, to its potential commercial or personal usage, these attributes shape the essence of easement in gross.

Easement in gross holds significant importance in real estate, often acting as a balancing factor in the nuanced dynamics of property rights. It's a testament to the legal system's ability to harmonize the rights of individual landowners with societal needs.

It's the law's acknowledgement that while property rights are fundamental, they can sometimes yield to accommodate common good, like public utilities, or interpersonal neighborhood relations.

Easement In Gross FAQs

What is an easement in gross.

An easement in gross is a legal right to use another's property for a specific purpose. It's not tied to the land (like an appurtenant easement) but to an individual or entity.

Can an easement in gross be transferred?

The transferability of an easement in gross depends on its nature. Commercial easements in gross are generally transferable with the business, while personal easements in gross are usually non-transferable.

How is an easement in gross created?

An easement in gross can be created through various means, including express grant, implied grant, prescription, or necessity. It is typically established through a written agreement or legal document.

What are the rights and limitations of an easement in gross?

The easement holder has the right to use the land as specified in the easement agreement. However, they can't exceed the scope of the easement or interfere with the property owner's use of their property. Similarly, the property owner retains rights over their property but cannot interfere with the easement holder's rights.

How can an easement in gross be terminated?

An easement in gross can be terminated through an agreement between the parties, merger of dominant and servient estates, abandonment, non-use, or expiration of time. However, the specifics can vary depending on the terms of the easement agreement and local laws.

About the Author

True Tamplin, BSc, CEPF®

True Tamplin is a published author, public speaker, CEO of UpDigital, and founder of Finance Strategists.

True is a Certified Educator in Personal Finance (CEPF®), author of The Handy Financial Ratios Guide , a member of the Society for Advancing Business Editing and Writing, contributes to his financial education site, Finance Strategists, and has spoken to various financial communities such as the CFA Institute, as well as university students like his Alma mater, Biola University , where he received a bachelor of science in business and data analytics.

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Easement in Gross vs. Appurtenant

Easements are generally defined as the right to use another person’s land in a certain manner. Once an easement is established, either by express grant, prescription, estoppel or implication, one of two types of easements is created: an easement in gross or an easement appurtenant. The primary difference between these two types of easements is that an easement appurtenant is attached to a piece of land, while an easement in gross is attached to a particular individual or entity, such as a utility company.

Easement in Gross

These types of easements are typically given to a utility or oil and gas company for utility lines or pipelines. Easements in gross ordinarily are not transferable or assignable ( Drye v. Eagle Rock Ranch, Inc. , 364 S.W.2d 196, 203 (Tex.1963), unless there is specific language in the easement allowing for assignment. This language in the instrument that allows assignment usually states that “the terms, conditions and provisions of this contract shall extend to and be binding upon the grantee, his heirs, successors and assigns." An easement in gross gives the owner the sole privilege of the uses authorized by it, including the exclusion of the use by the subservient owner ( Orange County, Inc. v. Citgo Pipeline Co. , 934 S.W.2d 472, 476 (Tex. App.—Beaumont 1996, writ denied)). For example, you would not be able to interfere with an electric company’s right to run its lines above your property if it has an easement to do so.

Easement Appurtenant

Unlike easements in gross, an easement appurtenant usually “runs with the land,” meaning it may continue even if ownership of an estate is transferred. The instrument identifying this type of easement should identify a dominant and subservient estate. The dominant estate has the right to use the easement and the subservient estate is the estate that is allowing that use. Easements appurtenant are either positive or negative. A positive easement appurtenant gives the dominant landowner the right to some limited use of the subservient estate, such as to cross the subservient estate’s land to reach an access road. A negative easement appurtenant prohibits a certain activity, such as building an obstruction on the subservient estate.

Reviewing easements is important when purchasing a piece of property to determine who has limited rights to use your property and what uses you cannot interfere with. If you have any questions about different types of easements, particularly those identified in a survey , contact an experienced real estate attorney for advice. Easement law in Texas is complex and requires the necessary knowledge and skill in navigating the various types of easements.

All information provided on Silblawfirm.com (hereinafter "website") is provided for informational purposes only and is not intended to be used for legal advice. Users of this website should not take any actions or refrain from taking any actions based upon content or information on this website. Users of this site should contact a licensed Texas attorney for a full and complete review of their legal issues.

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5.2 Easement In Gross

An express easement in gross is not appurtenant to any estate in land.  It does not belong to any person by virtue of ownership of estate in other land. It is a personal interest in, or right to use, land of another and is usually created for a limited purpose and may be for a limited duration or in some instances, an easement in gross may burden land in perpetuity.

Comment 1.   The character of the easement depends on the intent of the parties as drawn from the language of the deed, the circumstances existing at the time of execution and the object and purpose to be accomplished by the easement.  See, Barrett v. Kunz , 604, A.2d 1278, 1280 (Vt. 1992) for general discussion.

Comment 2 .   Personal easements, or easements in gross, are intended to benefit only the holder. Usually, they are created for a limited purpose and a limited duration. Because a personal easement exists apart from a holder’s ownership of land, there is no dominant tenement, and the easement expires when the property is conveyed unless specifically reserved. R. Cunningham, W. Stoebuck & D. Whitman, The Law of Property,  at 440, (1984). Personal easements are typically those held by utility companies, which give them access to land to erect poles and lines, but they hold no dominant estate. Barrett v. Kunz , 158 Vt. 15, 604 A.2d 1278, (1992).

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EASEMENTS: A PRIMER

Determining the scope and validity of easement rights often presents a problem for attorneys in the practice of real estate. Issues such as creation, scope, and termination of an easement frequently surface in actions for quieting title, when property is sold, or when one party seeks to expand its easement rights. While easement rights depend mostly on the particular facts of individual scenarios, there are common rules that can be relied upon in all cases. This article provides a general overview of the rights and characteristics of easements in Illinois.

General Definitions and Classifications

Easements are ordinarily divided into two broad categories: easements appurtenant and easements in gross. An easement appurtenant is the right of one property owner to use the land of another for a specific purpose. It requires a dominant and a servient estate, where the dominant estate has the easement right over the burdened property, or servient estate. An easement appurtenant is created when the grantor reserves a right in the nature of an easement for the benefit of another land that was originally a part of the grantor's land. When the properties are not adjacent or joined to each other, an easement can still be considered appurtenant if both the dominant and servient estates are clearly defined. This easement right generally runs with the land, or passes with the land, and is therefore transferable by conveyance. Even if the instrument of conveyance does not specifically mention the existence of the easement appurtenant, the easement is still valid since an easement appurtenant passes with the transfer of the dominant land. It is incapable of existence separate from the particular land to which it is attached.

An easement in gross, on the other hand, is a personal interest in the property of another and is not assignable or inheritable. It is not connected to or for the benefit of other land. It is only a right to use the land for a specific purpose. The most common easement in gross appears in the form of a public utility easement.

To determine whether an easement is appurtenant or in gross, examine the nature of the rights and intention of the parties creating the easement. Courts commonly do not favor construction of an easement in gross when an easement appurtenant can be fairly construed from the facts. If the easement is in its nature an appropriate and useful adjunct of the lands conveyed, and there is nothing to show that the parties intended it to be a mere personal right, the easement is appurtenant.

Easements are also classified as affirmative or negative. An affirmative easement authorizes the use of the property of another that would normally give cause to a right of action in the absence of the easement. An example would be a right of way or a right to discharge matter on another person's land. A negative easement grants a right to the dominant estate owner to restrict the servient estate owner's use of the servient estate in a specific way.

Creation of Easements

Easements can be created in one of three ways: express creation; creation by prescription; or operation of law.

Express Creation

An easement can be expressly created by a specific grant, by reservation in a deed conveying property, by contract or agreement, by lease, or by plat. All these methods require a written instrument. The intentional creation of an easement is the most straightforward and effective method. Ambiguous language in the instrument may give rise to conflicting interpretations. Although case law has indicated that no particular words are necessary to constitute a grant of an easement, to avoid future conflicts in determining the validity and scope of the easement, it is best that drafters use clear, concise, and unambiguous language in expressing the particular characteristics of the easement. Generally, instruments used to create an easement should contain a description of the easement, its purpose, any conditions or restrictions to its use, the party responsible for maintenance, and duration, if any.

The terms creating the easement must be definite and unequivocal. In Coomer v Chicago and NW Transp Co , 91 Ill App 3d 17, 414 NE2d 865, 46 Ill Dec 812 (1980), the court held that because an easement is an interest in land, a grant of easement by contract must contain all the formal requirements of a deed.

An express creation of an easement can also be accomplished by deed, plat, or lease. Again, clear and concise language dictating the terms of the easement in the instrument and identifying the intent of the parties will be of major concern. Particularly with easements created by plat of subdivision, appropriate language stating the nature of use of the easement is necessary to ensure the validity of the easement. In addition, the plat has to meet all statutory requirements for recordation. A declaration is often recorded along with the subdivision plat. When the declaration is properly made and is comprehensive in details such as access, parking, and utility easements, it will usually run with the land and be binding upon all subsequent owners of subdivision lots.

Creation by Prescription

An easement can also be created by prescription. This essentially means claiming title to the easement through adverse possession, and the requirements are virtually the same. To establish an easement by prescription, the party claiming the easement must demonstrate that use of the easement has met the following criteria: adverse, exclusive, continuous and uninterrupted use, under claim of right, and with full knowledge of the owner of the land and without consent, all for 20 years. All these conditions must be met, as evidence to the contrary will defeat the claim. Once an easement by prescription is established, the scope of use will be determined by the actual use during the statutory period and cannot be intensified. In re Onarga ,179 Ill App 3d 493, 534 NE2d 226, 128 Ill Dec 206, (1989).

Operation of Law

In addition to prescriptive use, operation of law can create an easement in several other ways. An easement can also arise by implication or by necessity. The requirements for creating an implied easement, whether in favor of the grantor or the grantee, must include the following: severance of title; the use giving rise to the easement must have been continuous, obvious, or manifestly permanent prior to severance of title; and the claimed easement must be necessary to the beneficial enjoyment of land granted or retained. In Granite Properties Ltd v Manns , 140 Ill App 3d 561, 487 NE2d 1230, 94 Ill Dec 353 (1986), the court found that the claimed easement by implication over grantee's apartment complex driveway alongside grantor's shopping center was necessary to the beneficial enjoyment of the shopping center. The driveway had been in use by the grantor for several years, the grantees were aware of the driveway and its use by the grantor before they purchased the property, and the easement was required to make deliveries to the shopping center. Id.

An easement by necessity is usually in the form of an access road to prevent property from being landlocked. It is created when an original common ownership is subsequently divided so that one parcel of land is landlocked without the access easement. However, once an alternative is found, the access easement ceases to exist.

Termination of Easements

Easements can be terminated through release, merger, or abandonment, or lost by adverse possession. 25 AM JUR 2D Easements and Licenses §§ 112-119 (1996). Termination occurs by release when all the dominant owners agree to abandon the easement. City of Chicago v Hogberg , 217 Ill 180, 75 NE 542 (1905). To terminate an easement by abandonment, the party must first prove that the dominant estate owner intended to abandon use of the easement. Beloit Foundry Co v Ryan , 28 Ill 2d 379, 192 NE2d 384 (1963). However, a showing of failure to use the land is insufficient on its own to prove abandonment. Demonstration of intent is necessary and can be implied from the circumstances, unless it has been clearly expressed. For example, Illinois courts have held that adverse acts of the servient owner acknowledged by the dominant owner can be considered when making a determination of intent to abandon. Chicago Title & Trust Co v Wabash-Randolph Corp , 384 Ill 78, 51 NE2d 132 (1943).

An easement may also terminate through a merger of interests. A merger occurs when the title and possession of the dominant and servient estate unify in one owner. A merger serves to terminate an easement because no one can have an easement in his or her own land. However, not all mergers will terminate an easement. For example, a transfer to the dominant estate owner of a two-thirds interest in the servient estate does not extinguish an easement. In Beloit Foundry , the court found that an easement appurtenant to land may be extinguished by surrender or release from the dominant owner to the servient owner. However, a release as to one dominant tract does not thereby terminate the right to the other dominant tracts. In Kaufman v 666 North Water Bldg Corp , 130 Ill App 2d 785, 267 NE2d 345 (1971), the court decided that where two contiguous parcels were servient to each other by appurtenant easements, if a portion of one of these parcels was conveyed back to the owner of its dominant estate, the easements of the remaining portion were not destroyed by merger.

Extent of Right of Use

Generally, the precise language of the grant of easement, or the purpose for which it was created, determines the extent of the easement. Usually, courts will not limit, impair, or interfere with the use and enjoyment of an easement when it is within the lawful scope, domain, and purpose as originally established. When the extent of use is unspecified or unclear, courts will determine from the facts and circumstances what is reasonably necessary to carry out the purposes of the easement. See Koplin v Hinsdale Hosp , 207 Ill App 3d 219, 564 NE2d 1347 (1990); Farmers Grain & Supply Co v Toledo , P & W RR, 316 Ill App 116, 44 NE2d 77 (1942). While an easement owner is entitled to full enjoyment and every right connected to the enjoyment of the easement, the easement owner does not have a right to hamper the servient estate owner's control or use of the land by going beyond what is reasonable use of the easement. Doan v Allgood , 310 Ill 381, 141 NE 779 (1923). However, an easement owner is limited to using the easement only to benefit the land the easement was originally intended to benefit, and not other lands the easement owner may own. Beloit , 28 Ill 379, 192 NE2d 384; Miller v Weingart , 317 Ill 179, 147 NE 804 (1925).

For right of way easements, an easement owner has the right to reasonable use in the purpose for which it was acquired. Keessen v Zarattini , 119 Ill App 2d 284, 256 NE2d 377 (1969). Generally a grant of a right of way easement does not include a right to have that way kept open to the sky for light and air. Rudolph Wurlitzer Co v Bank of Chicago , 290 Ill 72, 124 NE 844 (1919). Illinois courts, however, have allowed railroad companies to erect structures over their right of ways when no interference with the reasonable use of the easement as a passageway would result. Farmers Grain & Supply Co , 316 Ill App 116, 44 NE2d 77.

While the privileges arising from the easement are usually reserved for the easement owner, this exclusivity in use does not prevent the servient estate owner from using the easement. A servient estate owner also has the right to use the easement for any purpose as long as the use does not disrupt the enjoyment of the easement by the dominant estate owner. A use will be found obstructive and improper if it results in a material and unlawful interference with the easement owner's use. Courts have held that fences, gates and posts are obstructions to the right of ingress and egress over the right of way, and therefore alter or limit use of the easement. Healey v Roberts , 109 Ill App 3d 557, 440 NE2d 647, Ill Dec 927 (1982); see also Batchelder Co v Gustafson , 32 Ill App 3d 14, 335 NE2d 565 (1975). The easement owner has the right to remove an improper obstruction.

Maintenance

Unless agreement is made otherwise, it is the easement owner's duty and right to maintain the easement. However, the easement owner is restricted from improving the easement to the extent of materially altering the character of the easement where the alterations would greatly burden the servient estate or interfere with the use and enjoyment of the servient estate by its owner.

Exclusivity of Use

Persons entitled to use the easement are mostly dependent upon the terms of the grant or agreement as interpreted by of the circumstances when the grant or agreement was made. For right-of-way easements, when entitlement is unclear, courts have held that the easement is not intended to benefit the general public, but is reserved for the easement holder. In Marlatt v Peoria Water Works Co , 114 Ill App 2d 11, 252 NE2d 403 (1969), the Illinois Supreme Court held that where a public utility easement in a recorded plat that was reserved for installing and maintaining gas pipes, conduits, cables, poles, and wires for the purposes of serving the subdivision and adjoining property with gas, electric, and telephone services, the water company was not permitted to locate, construct, and maintain a water main under the easement strip because the language of the reservation did not include water services.

These are some basic rules of construction for examining easements. Should you have an easement with a more specific question, please call the Underwriting Department to discuss it. For information on how to insure easements, or how to raise exceptions for easements, please consult your Underwriting Manual or call the Underwriting Department.

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Home > VLR > Vol. 39 > Iss. 1 (1986)

The Easement in Gross Revisited: Transferability and Divisibility Since 1945

Alan D. Hegi

Courts have disagreed about the nature, obligations, and privileges that accompany the easement in gross. Generally, an easement is an interest in land which gives the easement holder the right to use that land for a specific purpose, free from the will of the landowner. An easement is in gross when the benefit from the use of another's land inures to the easement holder personally, rather than to the holder's land. The land that is subject to the holder's right of use is the servient tenement. Courts agree on these basic principles of an easement in gross, but have disagreed on the holder's right to transfer his interest to a third party. Similarly, no uniformity exists among courts on the right of the holder of an easement in gross to divide and share his interest with a third party.

In the mid-1940's, two commentators compiled and analyzed the state of the law concerning the transferability and divisibility of easements in gross." Both writers attested to the importance of easements in gross in facilitating commercial activity, especially in the area of transportation rights of way and public utilities. Each author noted that the common law rule disfavored transferability and divisibility of easements in gross because the rights accompanying the easement were personal to the holder." The two writers noted, however, that the common law rule was beginning to changeand that courts were allowing limited transfers and divisions of easements in gross.' Emphasizing that a party could not realize the maximum value of an easement in gross unless the courts allowed the easement holder to transfer or divide his interest, both men concluded their essays with a call for a greater consensus among the courts and for fewer restrictions on the transferability and divisibility of easements in gross."

These commentaries appeared over forty years ago. Today,easements in gross continue to play an important commercial role and are finding new uses in fields such as environmental conservation and historic preservation.' Despite the growing importance of easements in gross, commentators during this forty-year span have neglected to address the questions of transferability and divisibility. The purpose of this Note is to gather and analyze the law of transferability and divisibility of easements in gross as the law has developed since 1945. Part II of this Note differentiates easements in gross from other types of real servitudes. Part III discusses the variety of approaches that courts and legislatures have taken in addressing the question of transferability. Part IV deals with the development of the independent exercise doctrine of divisibility.Last, part V advocates that courts should place less emphasis on terminology and should direct more attention toward the parties'intentions and the surrounding circumstances of the easement interest when determining the transferability and divisibility of easements in gross.

Recommended Citation

Alan D. Hegi, The Easement in Gross Revisited: Transferability and Divisibility Since 1945, 39 Vanderbilt Law Review 109 (1986) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol39/iss1/5

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NSW Land Registry Services

Registrar general's guidelines.

• Deposited plans
• Strata schemes
• Community schemes
• Water dealings
• Land dealings
• ELNO guidance notes
• eLodgment requirements
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• Residual Documents
• Application for a Possessory Title
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• Change of Address for Service of Notices on Caveator
• Change of Address of Association
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• Change of Name of Caveator
• Change of Name of Lessee, Mortgagee or Chargee
• Change of Name of Registered Proprietor
• Conservation Agreement
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• Covenant Charge
• Dealing with Exception
• Determination of Lease by Re-entry
• Discharge of Charge
• Extinguishment of Easement
• Extinguishment of Positive Covenant
• Extinguishment of Restriction on the Use of Land
• Lapsing Notice by a Registered Interest Holder
• Lapsing Notice by a Registered Proprietor
• Lapsing Notice by an Applicant
• Modification of Positive Covenant
• Modification of Restriction on the Use of Land
• Notice of Proposed Acquisition
• NSW Trustee and Guardian Caveat
• Partial Extinguishment of Restriction on the Use of Land
• Partial Lapsing Notice by a Registered Interest Holder
• Partial Lapsing Notice by a Registered Proprietor
• Partial Release of Restriction on the Use of Land
• Payment of Balance of Purchase Money
• Positive Covenant
• Positive Covenant (with Registered Interest Holder Consent)
• Positive Covenant Affecting Land Vested in a Prescribed Authority
• Purchaser’s Caveat
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• Release of Positive Covenant
• Release of Restriction on the Use of Land
• Removal of Expired Lease
• Request to Note Retirement Village
• Restriction on the Use of Land
• Restriction on the Use of Land by a Prescribed Authority (with Registered Interest Holder Consent)
• Restriction on the Use of Land (with Registered Interest Holder Consent)
• Restriction on the Use of Land by a Prescribed Authority
• Restriction on the Use of Land Vested in a Prescribed Authority
• Surrender of Lease
• Surrender of Lease by Operation of Law
• Transfer Altering Tenancy (Joint Tenants to Tenants in Common in Equal Shares)
• Transfer Altering Tenancy (Tenants in Common in Equal Shares to Joint Tenants)
• Transfer and Closure of Crown Road
• Transfer and Road Closure
• Transfer by a Joint Tenant
• Transfer by a Local Council
• Transfer by Chargee Under Power of Sale
• Transfer by Mortgagee Under Power of Sale
• Transfer Creating a Forestry Right
• Transfer Creating a Profit à Prendre
• Transfer for Public Reserve or Drainage Reserve
• Transfer Granting Easement
• Transfer Granting Easement etc Over Own Land
• Transfer Including Covenant
• Transfer Including Easement
• Transfer Granting Easement in Gross
• Transfer of a Profit à Prendre or Forestry Right
• Transfer of a Timeshare
• Transfer of an Estate-In-Remainder

Transfer of Easement in Gross

• Transfer of Lease
• Transfer of Minerals or Coal
• Transfer Releasing Easement
• Transfer Severing Joint Tenancy in an Interest
• Transfer Severing Joint Tenancy
• Variation of Lease
• Variation of Easement
• Variation of Mortgage
• Variation of Positive Covenant
• Variation of Restriction on the Use of Land
• Variation of Sublease
• e-Conveyancing FAQs
• Priority Notice
• RGs website change logs

This page aims to help you complete an electronic Transfer of Easement in Gross dealing form. An easement in gross, is an easement which does not benefit land but rather benefits a statutory authority or a prescribed authority under section 88A Conveyancing Act 1919 . This form is used to transfer a statutory easement in gross from one prescribed authority to another. Refer to the following for:

• common forms of easement
• easements generally  and
• profit a prendre and forestry rights .

NOTE: Both the transferor and the transferee must be represented in the workspace for this dealing form.

Subscriber requirements

Before lodging this document electronically via an Electronic Lodgment Network, a Subscriber must:

• verify their Client’s identity
• establish their Client’s right to deal with the land
• have a properly completed and executed Client Authorisation form and
• ​retain evidence that supports the dealing ( see Supporting Evidence below ).

The Subscriber must also certify that they have taken reasonable steps to ensure that the instrument is correct and compliant with relevant law and any Prescribed Requirement. For more information on these requirements see: Residual Documents

Guide to complete

Legislation – section 47(5) Real Property Act 1900 . Stamp Duty – required. Notice of Sale – not required. Standard Form of Caveat – a caveat recorded against the easement will prevent the recording of a Transfer of Easement in Gross. A caveat will not prevent registration where the caveat is recorded against the land. Priority Notice Noted on the Register – see Priority Notice page for more information. The following headings refer to the data fields which must be completed in order to lodge an electronic Transfer of Easement in Gross dealing form. Land Title Enter the land title reference(s) affected by the easement in gross being transferred. Participant Details Party Details – Party Name Enter the transferor. The transferor must be identical to the name of the prescribed authority gaining the benefit from the easement as shown in the instrument creating the easement in gross.   Enter the transferee. The transferee must be a  prescribed authority under section 88A Conveyancing Act 1919. Document Create Document – Select Other Documents. Select Transfer of Easement in Gross. Transferee Select the transferee. Transferor Select the transferor. Consideration (optional) Consideration Type Select one of the following consideration types:

• With monetary consideration  - where a transfer involves payment of monies.
• Without monetary consideration and as regards a deed of partition  - where a transfer does not involve payment of monies and satisfies the conditions set out in a deed of partition.
• Without monetary consideration and as regards a deed of assignment  - where a transfer does not involve payment of monies and satisfies the conditions set out in a deed of assignment.
• Without monetary consideration and as regards a court order  - where a transfer does not involve payment of monies and satisfies the conditions set out in a Court Order.
• Without monetary consideration and as regards an intergenerational assignment  - where a transfer does not involve payment of monies and satisfies the conditions of an intergenerational assignment.
• Without monetary consideration and a change in manner of holding  - where a transfer does not involve payment of monies and alters the names, tenancy and/or shares of the registered proprietors.

Gross Consideration Amount Enter the consideration amount where the transfer is with monetary consideration. Consideration Details Enter the consideration details where the transfer is without monetary consideration. Easement in Gross Number Enter the number of the deposited plan or registered dealing which created the easement in gross. Description of Easement Enter the description of the easement as it appears on the deposited plan or in the registered dealing. Attachment Attachment Type – Caveator’s Consent Attach a caveator’s consent if required. Attachment Type – Minister’s Consent Minister’s consent must be attached where a Crown land restriction pursuant to section 102 Crown Lands Act 1989 is noted on the Register. The Crown Lands Act 1989 has been repealed, the former requirements of section 102 are reflected in sections 3.17, 3.26 and 3.27 Crown Land Management Act 2016 . Attachment Type - Supporting Evidence (optional) The written consent of a registered lessee or mortgagee of lease affecting the servient tenement is required in accordance with section 5.48 and with the exceptions set out in section 5.49 Crown Land Management Act 2016 . Attach any supporting evidence which may include the vesting chain or change of name evidence of a prescribed authority to justify a discrepancy between the original statutory easement and the transferor.

Supporting evidence

In addition to evidence supporting the steps taken by the Subscriber to verify the identity of their Client and establish their Client’s right to deal, the Subscriber may be required to retain other evidence to support the dealing. It is a matter for the Subscriber to be satisfied that they have met the requirements for the dealing. Please refer to the ARNECC Guidance Note 5 for assistance on retaining evidence to support conveyancing transactions in accordance with the NSW Participation Rules. All NSW legislation can be accessed at www.legislation.nsw.gov.au

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